The Gujarat HC observed that rape is rape even if it is committed by a husband against his wife and disagreed with the marital rape exception provided under Section 375 of the IPC.
The court also highlighted that in the anticipated Bhartiya Nyay Sanhita, intended to replace the Indian Penal Code, there is no equivalent provision to Section 377 IPC.
Justice Shakdher stated that the legal exception provided to husbands in case of non-consensual sexual intercourse is 'steeped in misogyny' and effectively conveys that only the forced sex that happens outside of marriage is rape while forced sex inside a marriage is 'allowed'.